RESTRICTED  WORLD TRADE  
ORGANIZATION  TN/S/O/ZAF 
6 April 2006 
 (06-1635) 
Council for Trade in Services 
Special Session Original:   English 
 
 
 
SOUTH AFRICA 
 
Conditional Initial Offer  
 
 
 The following communication, dated 29 March 2006, from the delegation of South Africa, is 
being circulated to the Members of the Council for Trade in Services.  
_______________ 
 
  Pursuant to paragraph 15 of the Ministerial Declaration of 14 November 2001, South Africa 
submits herewith its initial offer in the frame work of the ongoing services negotiations under the 
General Agreement on Trade in Services (GATS) and in the context of the Doha Development 
Agenda (DDA). 
 
This initial offer is conditional on the the outco me of the negotiations on rule-making under 
GATS Article VI:4 (Domestic Regulation); Article X (Emergency Safeguard Measures); and Article XV (Subsidies).  
 
 This offer cannot be construed as offeri ng in any way the privatization of public 
undertakings or as preventing South Africa from  regulating public and private services in order 
to meet national policy objectives.   
 
 South Africa reserves its right to modify, extend, reduce or withdraw, in whole or in part, this 
offer at any time prior to the conclusion of th e current services negotiations, as well as to make 
adjustments to its horizontal commitments, in vi ew of the enlargement of its sector-specific 
commitments.  South Africa further reserves the right  to make technical amendments to this offer and 
make corrections to rectify any e rrors, omissions, or inaccuracies in this offer as well as to clarify and 
interpret the terms and conditions of this offer.  
 
 The classification of services sectors in this initial offer is based on the 1991 Provisional 
Central Product Classification (CPC) of the United Nations Statistical Office where specified. The ordering is based on the Services Sectoral Classification list contained in the document 
MTN.GNS/W/120 dated 10 July 1991. 
 
 The editorial conventions used in this initia l offer follow the guidelines established by the 
WTO Secretariat in JOB(02)/88 i.e.,:  BOLD   –  New text 
STRIKE OUT
  –  Deleted text 
 
 
  TN/S/O/ZAF 
Page 2    SOUTH AFRICA – CONDITIONAL INITIAL OFFER 
 
Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
I. HORIZONTAL COMMITMENTS  
 ALL SECTORS 
INCLUDED IN THIS SCHEDULE    
  3) Local borrowing by South African registered 
companies with a non-resident  shareholding of 
25 per cent or more is limited.  
 4) Unbound, except for the temporary presence 
for a period of up to three years, unless 
otherwise specified, without requiring compliance with an economic needs test, of 
the following categories of natural persons 
providing services: 
 4) Unbound, except for m easures concerning the 
categories of natural persons referred to in the 
market access column.  
 A. Services Salespersons  - natural persons not 
based in South Africa and acquiring no remuneration from a source located within 
South Africa, who are engaged in activities 
related to representing a services provider for 
the purpose of negotiating for the sale of the 
services of that provider, without engaging in making direct sales to the general public or 
supplying services. Temporary presence for 
Services Salespersons is limited to a ninety-day period. 
   
 B. Intra-corporate Transferees  – natural 
persons of the following categories who have 
been employed by a ju ridical person that 
provides services with in South Africa through 
a branch, subsidiary, or affiliate established in 
South Africa and who have been in the prior 
employ of the juridical person outside South Africa for a period of no t less than one year 
immediately preceding the date of application 
for admission: 
    TN/S/O/ZAF
 Page 3Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  Executives  - natural persons within the 
organization who primarily direct the 
management of the organization or establish 
goals and policies for the organization or a major component or function of the 
organization, exercise wide latitude in 
decision-making, and receive only general supervision or direction from higher-level 
executives, the board of directors, or 
stockholders of the business. 
   
  Managers  - Natural persons within an 
organization, who primarily direct the 
organization, or a department or subdivision of the organization, supervise and control the 
work of other supervisory, professional or 
managerial employees, have the authority to hire and fire or reco mmend hiring, firing, or 
other personnel actions and exercise 
discretionary authority over day-to-day 
operations at a senior level. 
   
  Specialists  - natural persons within an 
organization who possess knowledge at an 
advanced level of continued expertise and who possess proprietary knowledge of the 
organization's product, service, research 
equipment, techniques, or management. 
   
  Professionals  - natural persons who are 
engaged, as part of a services contract negotiated by a juridical person of another 
Member in the activity at a professional level 
in a profession set out in Part II, provided such persons possess the necessary academic 
credentials and professional qualifications, 
which have been duly recognised, where appropriate, by the prof essional association in 
South Africa. 
    TN/S/O/ZAF 
Page 4 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 C. Personnel Engaged in  
 Establishment  - natural persons who  
 have been employed by a juridical  
 person for a period of longer than one   year immediately preceding the date  
 of application for admission and who  
 occupy a managerial or executive   position and are entering South Africa  
 for the purpose of establishing a  
 commercial presence on behalf of the   juridical person. 
  
 
II. SECTOR SPECIFIC COMMITMENTS 
1. BUSINESS SERVICES 
    
A. Professional Services  
    
(a) Legal services (advisory  
 services in foreign and   international law only) 
 (CPC 861 +) 
 1) Unbound 
None 
2) Unbound None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound None 
2) Unbound None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
 Legal services (domestic law 
only)  
 (CPC 861 +) 
 1) Unbound  None 
2) Unbound None 
3) An advocate is not allowed to form a 
partnership/company 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound None 
2) Unbound None 
3) None 
 4) Unbound except as indicated in the horizontal 
section. 
  
(b) Auditing services  
 (CPC 862 +) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) Citizenship requirement for accreditation 4) Unbound except as indicated in the horizontal 
section.   TN/S/O/ZAF
 Page 5Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(c) Taxation services (excluding 
legal services) (CPC 863) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
(d) Architectural services  (CPC 8671)  1) For building plans of 500 m
2 and over the 
services of a locally registered architect have to be utilised. 
2) For building plans of 500 m
2 and over the 
services of a locally registered architect have to be utilised. 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
  
2) None 
  
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(e) Engineering services 
 (CPC 8672) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
(f) Integrated engineering 
services  
 (CPC 8673)  1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section. 
  
(g) (i)  Urban planning 
 services  and landscape 
 architectural services  
  (CPC 8674) 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section.  
 (ii)  Landscape 
 architectural services  
  (CPC 8674)  
 1) None  
2) None  
3) None  
4) Unbound except as indica ted in the horizontal 
section . 
 1) None  
2) None  
3) None  
4) Unbound except as indica ted in the horizontal 
section .   TN/S/O/ZAF 
Page 6 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(h) Medical and dental services  
 (CPC 9312) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(i) Veterinary services 
 (CPC 932)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(j) Services provided by:  (i) Midwives and nurses    (CPC 93191) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
 (ii) Physiotherapists and    paramedical personnel 
 1) Unbound* 
2) Unbound*
 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) Unbound*  
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
B. Computer and Related 
Services  
    
(a) Consultancy services related 
to the installation of 
computer hardware 
 (CPC 841)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(b) Software implementation 
services  
 (CPC 842) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF
 Page 7Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(c) Data processing services 
 (CPC 843) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(d) Data base services 
 (CPC 844)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(e) Maintenance and repair 
services of office machinery and equipment including 
computers 
 (CPC 8450) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
D. Real Estate Services  
    
(a) Involving own or leased 
property  
 (CPC 821) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(b) On a fee or contracting basis   (CPC 822)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF 
Page 8 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
E. Rental/Leasing Services 
without Operators  
    
(a) Relating to ships 
 (CPC 83103)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(b) Relating to aircraft  (CPC 83104)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(c) Relating to other transport   equipment   (CPC 83101 +) 
 (CPC 83102 +)  
 (CPC 83105) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
(d) Relating to other machinery 
and equipment 
 (CPC 83106), (CPC 83107) 
 (CPC 83108), (CPC 83109)  1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
F. Other Business Services  
    
(b) Market research and public 
opinion polling services (CPC 864) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF
 Page 9Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(c) Management consulting 
services  
 (CPC 865) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(d) Services related to 
management consulting 
 (CPC 866) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(e) Technical testing and 
analysis services 
 (CPC 8676) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(f) Services incidental to 
agriculture, hunting and 
forestry  
 (CPC 881)  1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
(g) Services incidental to fishing 
 (CPC 882) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(h) Services incidental to mining 
 (CPC 883) 
 (CPC 5115) 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF 
Page 10 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(i) Services incidental to 
manufacturing  
 (CPC 884) 
 (CPC 885)  1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(k) Placement and supply 
services of personnel 
 (CPC 872) 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(l) Investigation and security 
 (CPC 873) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(m) Engineering related scientific 
and technical consulting 
services 
 (CPC 8675) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
(n) Maintenance and repair of 
equipment  
 (CPC 633) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
(o) Building-cleaning services 
 (CPC 874) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.   TN/S/O/ZAF
 Page 11Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(p) Photographic services 
 (CPC 875) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(s) Convention services 
 (CPC 87909) 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
2. COMMUNICATION  
SERVICES 
    
B. Courier Services  
 (CPC 7512)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
 
C. Telecommunication Services  
 
 Facilities based and public-
switched telecommunications 
services: 
 (a) Voice services, except over 
value-added network  
(b) Packet-switched data 
transmission services  
(c) Circuit-switched data 
transmission services 
(d) Telex services 
(f) Facsimile services  
(g) Private leased circuit 
services  
 
 
  
 
 1) Only through the network of Telkom 
monopoly or subsequent duopoly
 and 
Second National Operator (SNO) on 
international traffic. Telkom monopoly to 
terminate not later than 31.12.2003, thereafter 
duopoly. Value Added Network Services 
(VANS) licensees may carry voice traffic 
using fixed links from Telkom and the 
SNO but may not construct their own facilities. Resale of telecommunications 
services is permitted. 
  
 
 
  
 
 1) None 
  
 
South Africa undertakes the 
attached additional commitments on regulatory principles.  
 
Authorities to consider by 
31/12/2003 the feasibility of 
suppliers additional to the 
duopoly.  
 
Liberalization of resale services 
to take plac e between 2000 and 
2003 with authorities to define 
terms and conditions as well as 
the maximum limit for foreign 
investment .  TN/S/O/ZAF 
Page 12 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
 2) None 
3) Telkom monopoly to terminate not later than 
31.12.2003; thereafter duopoly.  Current 
system is a duopoly. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 2) None 
3) None 
 
  
 
4) Unbound, except as indicated in the horizontal 
section.  
(h) Electronic mail  
 (CPC 7523) (i) Voice mail  
 (CPC 7523) 
(j) On-line information and data 
base retrieval  
 (CPC 7523) 
(k) Electronic data interchange   (EDI)  
 (CPC 7523) 
(l) Enhanced/value-added  
 facsimile services, including 
store and forward, store and retrieve  
 (CPC 7523) 
(m) Code and protocol 
conversion 
(n) On-line information and/or  
 data processing (including   transaction processing)  
 (CPC 843) 1),2),
 
3) General limitations:  
 There are limitations on the bypass of South 
African facilities for routing of domestic and 
international traff ic.  Telkom is currently 
acting as a de facto regulator by means of 
agreements entered into with VANS providers 
in South Africa.  
 VANS providers can only provide 
international services with the consent of 
Telkom SA Ltd.  Legislation is currently 
being prop osed to introduce a Regulator who 
might take over the licensing function.  No 
formal policy exists and applications from 
international VANS are dealt with on an 
informal ad hoc basis.  This situation may be 
addressed with the anticipated introduction of 
a new regulatory regime.  Routing of 
domestic and international traffic is limited 
to Telkom and the SNO. 1) None 
  
 
  
 
  
 
 
 
  
 
  
 
   
 2) None 
3) Routing of domestic and international 
traffic is limited to Telkom and the SNO. 
4) Unbound except as indicated in the horizontal 
section. 
 2) None 
3) None 
 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF
 Page 13Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(o) Other 
- Paging services 
- Personal radio 
communication  
 services 
- Trunked radio system 
services 1) Only through the network of Telkom 
monopoly or su bsequent duopoly on 
international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter 
duopoly.  Only through the networks of 
Telkom and the SNO. 
2) None 
3) None except that foreign investment in 
suppliers permitted up to a cumulative 
maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
 
 
  
 
2) None 3) None 
 
 4) Unbound, except as indicated in the horizontal 
section. 
  
- Mobile Cellular, including  
 mobile data 1) Only through the network of Telkom and the 
SNO monopoly or subsequent duopoly on 
international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter 
duopoly.  
2) None 
3) Services supplied on a duopoly basis.  One 
additional mobile cellular licence will be 
granted within two  years.  
Three mobile cellular telecommunications 
licenses are in operation. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
 
 
  
2) None 
3) None 
 
  
 
  
4) Unbound, except as indicated in the horizontal 
section. Authorities to examine feasibility 
of additional suppliers by 
31/12/1998.   TN/S/O/ZAF 
Page 14 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
- Satellite-based services 
 1) Only through the network of Telkom and the 
SNO monopoly or subsequent duopoly on 
international traffic. Telkom monopoly to 
terminate not later than 31.12.2003; thereafter 
duopoly.  Value added Network Services 
(VANS) licensees may carry voice traffic 
using fixed links from Telkom and the SNO but may not construct their own facilities. 
Resale of telecommunication services is 
permitted. 
2) None 
3) Supplied only by Telkom monopoly until 
31.12.2003; thereafter duopoly.  Value added 
Network Services (VANS) licensees may 
carry voice traffic using fixed links from 
Telkom and the SNO but may not construct their own facilities. Resale of 
telecommunication services is permitted. 
 Foreign investment in suppliers permitted up 
to a cumulative maximum of 30 per cent. 
4) Unbound, except as indicated in the horizontal 
section. 
 1) None 
 
 
  
 
  
 
 2) None 
3) None 
  
 
  
 
  
4) Unbound, except as indicated in the horizontal 
section. 
 Authorities to examine
 
feasibility of additional  
suppliers by 31/12/1998 . 
3. CONSTRUCTION AND 
RELATE ENGINEERING SERVICES 
    
A. General Construction Work 
for Buildings  
 (CPC 512) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
B. General Construction Work 
for Civil Engineering  
 (CPC 513) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF
 Page 15Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
C. Installation and Assembly 
Work  
 (CPC 514 +) 
 (CPC 516)  1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section.  
D. Building Completion and 
Finishing Work  
 (CPC 517) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
4. DISTRIBUTION 
SERVICES 
    
B. Wholesale Trade Services  
 (CPC 622)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
C. Retailing Services  
 (CPC 631) (CPC 632) 
 (CPC 6111) (CPC 6113) 
 (CPC 6121) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
D. Franchising   
 (CPC 8929) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
   TN/S/O/ZAF 
Page 16 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
6. ENVIRONMENTAL 
SERVICES  
 (Commitments in this 
sector do not extend to the 
collection, puri fication and 
distribution of water for 
human use. 
 All  Entries in this sector 
from A to D (a)  are 
restricted to consultancy services only) 
   
 
A. Sewage Services  
 (CPC 9401)  1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
B. Refuse Disposal Services  
 (CPC 9402) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
C. Sanitation and Similar 
Services   
 (CPC 9403) 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
D. Other  
 
(a) (Cleaning services of 
exhaust gases, noise abatement services and 
landscape protection 
services)
 
  
 
1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
 
1) None 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.   TN/S/O/ZAF
 Page 17Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(b) Remediation and clean-up 
of soil, excluding water 
and mining related and 
mining associated services 
 
(c) Noise and vibration 
abatement services , 
excluding water and 
mining related and mining 
associated services  
  
1) Unbound 
2) None 
3) A joint venture with a local service 
provider is required. Foreign Participation 
is limited to 51%. 
4) Unbound except as indicated in the 
horizontal section. 
  
1) Unbound 
2) None 
3) None  
 
4) Unbound except as indicated in the 
horizontal section.   
7. FINANCIAL SERVICES 
    
A. All Insurance and Insurance  
 Related Services  
 
(a) Direct life insurance  (CPC 8121 +) 
(b) Direct non-life insurance 
 (CPC 8129 +) 
(c) Reinsurance  
 (CPC 81299 +) 1) Unbound, except for re-insurers of life 
insurance. Approval is, however, required 
for each contract and collateral needs to be 
placed with the local insurer. For short-term re-insurance contracts only a 
collateral deposit with the local insurer is 
required. 
2) None 1) Unbound 
 
 
  
 
 
2) None  
(d) Insurance intermediation and 
auxiliary services 
 (CPC 8140)  
 3) All insurers/reinsurers
 (and insurers on whose 
behalf policies are sold) need to be 
incorporated as a pub lic company in South 
Africa and registered with the supervisory 
authority to carry on insurance  business in 
South Africa. A re-insurer for life insurance 
need not be locally incorporated, but 
approval is required from the Registrar of 
Insurance for each contract and collateral needs to be placed with the local insurer. 
For short-term re-insurance contracts only 
a collateral deposit with the local insurer is required. 
 3) None 
   TN/S/O/ZAF 
Page 18 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
  The acquisition of shares or any other interest 
(by a resident or non-resident) in a registered 
insurer resulting in the holding of 25 per cent 
or more of the value of all the shares or other interest in that business, requires the written 
approval of the Registrar of Insurance. 
  The executive chairman
, public officer and the 
majority of directors must be resident in South 
Africa.  
 
 Life insurance actuaries must also be resident 
in South Africa. 
 
4) Unbound, except as indicated in the horizontal 
section. 
  
 
 
  
 
  
 
  
 
  
4) Unbound, except as indicated in the horizontal 
section.   
B. Banking and Other Financial 
Services  
    
(a) Accepting of deposits and 
other repayable funds from the public 
 (CPC 81115 to 81119) 1) Unbound , except for compan ies involved in 
asset management, collective investment 
schemes and advisory services. These 
companies need to register with the local 
supervisory authority. 1) Unbound 
  
  
(b) Lending of all types, 
including, inter alia , 
consumer credit, mortgage credit, factoring and 
financing of commercial 
transactions 
 (CPC 8113) 
(c) Financial Leasing 
 (CPC 8112)  2) Unbound, except for provision and transfer of 
financial information and financial data 
processing. 
3) Dealings in foreign exchange in South Africa 
must be carried out through a dealer 
authorised by the SA Reserve Bank.  Only banks registered to op erate in South Africa 
with the required minimum capital base are 
eligible to seek authorization as a foreign exchange dealer. 
 2) Unbound 
 
 3) Branches of banks not incorporated in South 
Africa must maintain a minimum balance of 
R 1 million on the deposit accounts of natural persons. 
   TN/S/O/ZAF
 Page 19Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(d) All payments and money 
transmission services, 
including credit, charge and 
debit cards, travellers cheques and bank drafts 
(CPC 81339 +) 
(e) Guarantees and 
commitments  
 (CPC 81199 +) 
(f) Trading for own account or 
for account of customers the 
following: 
 (i) Money markets 
 instruments  
Companies involved in asset management, 
collective investment schemes and custodial 
services for securities and financial instruments (including equities and bonds) 
need to be incorporated  as public companies in 
South Africa and registered with the supervisory authority to carry on business in 
South Africa. 
 Trading for the account of customers on a 
licensed exchange , other than derivative 
products, requires separately capitalised 
incorporation in South Africa as a public or 
private company and registration with the   
  (CPC 81339+) 
 (ii) Foreign exchange 
  (CPC 81333)  (iii) Derivative products 
  (CPC 81339 +) 
 (iv) Exchange rate and 
 interest rate 
 instruments 
  (CPC 81339 +) 
 (v) Transferable 
securities(CPC 81321 +)        relevant supervising authority. 
 
Trading in derivative products requires 
local incorporation. 
 
Advisory services, companies involved in 
asset management and collective 
investment  schemes require registration with the local supervising authority. 
    
 (vi) Other negotiable 
 instruments 
  (CPC 81339 +) (g) Participation in issues of all 
kinds of securities, including 
underwriting and placement as an agent 
 (CPC 8132 +) 
 4) Unbound, except as indicated in the 
horizontal section. 4) Unbound, except as indicated in the horizontal 
section.   TN/S/O/ZAF 
Page 20 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(h) Money broking 
 (CPC 81339 +) 
(i) Asset management, such as 
cash or portfolio management, all forms of 
collective investment 
management, custodial depository and trust services 
 (CPC 8119 + and 81323 +)    
(j) Settlement and clearing 
services for financial assets, including securities, 
derivative products and other 
negotiable instruments    
(k) Provision and transfer of 
financial information, and 
financial data processing and related software by providers 
of other financial services 
 (CPC 8131+)    
(l) Advisory and other auxiliary 
financial services on all the activities listed in 
subparagraphs (v) through 
(xv) of paragraph 5.(a) of the Annex on Financial Services. 
 (CPC 8131+ and 8133+) 
    
9. TOURISM AND TRAVEL 
RELATED SERVICES 
    
A. Hotels and Restaurants  
 (including catering) 
 (CPC 641) 1) Unbound except for catering:  None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 4) Unbound except as indicated in the horizontal 
section.   TN/S/O/ZAF
 Page 21Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B. Travel Agencies and Tour 
Operators Services  
 (CPC 7471) 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) None 
2) None 
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
C. Tourist Guide Services  
 (CPC 7472) 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section.  
11. TRANSPORT SERVICES 
    
A.  Maritime Transport 
Services   
    
(a) Passenger transportation 
 (CPC 7211) 
(b) Freight transportation 
 (CPC 7212) 
(c) Rental of vessels with crew  (CPC 7213) 1) Unbound 
2) None 
3) Unbound 
4) Unbound 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound  
(d) Maintenance and repair 
of vessels 
 (CPC 8868**) 
(e) Pushing and towing 
services 
 (CPC 7214) 
(f) Supporting services for 
maritime transport   
 (CPC 745) 
     TN/S/O/ZAF 
Page 22 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
B. Internal Waterways 
Transport   
    
(a) Passenger transportation 
 (CPC 7221) (b) Freight transportation 
 (CPC 7222) 
(c) Rental of vessels with crew  (CPC 7223) 
 1) Unbound 
2) None 3) Unbound 
4) Unbound 1) Unbound 
2) None 3) Unbound 
4) Unbound  
(d) Maintenance and repair of 
vessels 
 (CPC 8868**) 
(e) Pushing and towing 
services  
 (CPC 7224) 
(f) Supporting services for 
internal waterway 
transport 
 (CPC 745**) 
  
 
  
 
 
  
C. Air Transport Services   
    
(a) Passenger transportation 
 (CPC 731)  (b) Freight transportation 
 (CPC 732 ) 
(c) Rental of aircraft with 
crew 
 (CPC 734 ) 1) Unbound 
2) None 3) Unbound 
4) Unbound 1) Unbound 
2) None 3) Unbound 
4) Unbound  
(d) Maintenance and repair of 
aircraft 
 (CPC 8868**) 
(e) Supporting services for air 
transport  
 (CPC 746) 
     TN/S/O/ZAF
 Page 23Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
D. Space Transport  
 (CPC 733 ) 
 1) Unbound 
2) None 
3) Unbound 
4) Unbound 1) Unbound 
2) None 
3) Unbound 
4) Unbound 
  
E. Rail Transport Services  
 
(a) Passenger transportation  (CPC 7111) 
(b) Freight transportation 
 (CPC 7112) (c) Pushing and towing 
services 
 (CPC 7113)  
 
1) Unbound 2) None 
3) Unbound 
4) Unbound  
  
 
1) Unbound 2) None 
3) Unbound 
4) Unbound  
  
(d) Maintenance and repair of 
rail transport equipment 
 (CPC 8868**) (e) Supporting services for 
rail transport services 
 (CPC 743) 
    
F. Road Transport Services  
    
(a) Passenger transportation 
 (CPC 7121)  (CPC 7122) 
 1) Unbound 
2) Unbound
 None  
3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(b) Freight transportation 
 (CPC 7123) 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound except as indicated in the horizontal 
section. 1) Unbound 
2) Unbound  None  
3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
(c) Rental of commercial 
vehicles with operator 
 (CPC 7124) 1) Unbound 
2) None 3) Unbound 
4) Unbound 
 1) Unbound 
2) None 3) Unbound 
4) Unbound   TN/S/O/ZAF 
Page 24 Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
(d) Maintenance and repair of 
road transport equipment 
 (CPC 6112) 
 1) Unbound* 
2) None 
3) None 
4) Unbound except as indi cated in the  horizontal 
section. 1) Unbound* 
2) None 
3) None 
4) Unbound except as indi cated in the  horizontal 
section. 
  
(e) Supporting services for 
road transport services 
 (CPC 744) 
 1) Unbound 
2) None 3) Unbound 
4) Unbound 1) Unbound 
2) None 3) Unbound 
4) Unbound 
  
G. Pipeline Transport   
 
(a) Transportation of fuels  (CPC 7131) 
(b) Transportation of other 
goods 
 (CPC 7139) 
  
 
1) Unbound 2) None 
3) Unbound 
4) Unbound  
 
1) Unbound 2) None 
3) Unbound 
4) Unbound  
H. Services auxiliary to all 
modes of transport   
 (a) Cargo-handling services 
 (CPC 741) 
(b) Storage and warehouse 
services  
 (CPC 742) 
(c) Freight transport agency 
services 
 (CPC 748) 
  
 
 
1) Unbound 
2) None 
3) Unbound 4) Unbound  
 
 
1) Unbound 
2) None 
3) Unbound 4) Unbound   TN/S/O/ZAF
 Page 25Modes of supply:  1) Cross-border supply 2) Consumption abroad 3) Commercial presence 4) Presence of natural persons  
Sector or Sub-sector Limitations on Market Access Limi tations on National Treatment Additional Commitments 
12. OTHER SERVICES NOT 
INCLUDED ELSEWHERE 
    
 
 Washing, cleaning and 
dyeing services 
 (CPC 9701) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
 Hairdressing and other 
services  
 (CPC 9702) 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
 1) Unbound* 
2) None 3) None 
4) Unbound except as indicated in the horizontal 
section. 
  
 
Coding :  Numbers indicated in each sectoral commi tment are references to the Services Sect oral Classification List (MTN.GNS/W/120) – W 120 and the UN   
  Provisional Central Product Classification of 1991 (CPC). 
 
   + Part of item 
   * Unbound due to lack of technical feasibility TN/S/O/ZAF 
Page 26  
 
ADDITIONAL COMMITMENTS BY SOUTH AFRICA
 
 
REFERENCE PAPER  
 Scope
 
 
The following are definitions and principles on the regulatory framework for the basic 
telecommunications services.    Definitions
 
 
Users  mean service consumers and service suppliers.   
 Essential facilities
 mean facilities of a public telecommunications transport network or service that 
 
 (a) are exclusively or predominantly provided  by a single or limited number of suppliers;  
  and   (b) cannot feasibly be economically or technically substituted in order to provide a    service.  
A major supplier
 is a supplier which has the ability to mate rially affect the terms of participation 
(having regard to price and supply) in the releva nt market for basic telecommunications services as a 
result of:   (a) control over essential facilities;  or 
 
 (b) use of its position in the market.  1. Competitive safeguards
 
 1.1 Prevention of anti-competitive practices in telecommunications
 
 
 Appropriate measures shall be maintained for the purpose of preventing suppliers who, alone 
or together, are a major supplier from engaging  in or continuing anti-competitive practices. 
 1.2 Safeguards
 
 
 The anti-competitive practices referred to above shall include in particular:   (a) engaging in anti-competitive cross-subsidization;     (b) using information obtained from comp etitors with anti-competitive results;  and 
 
 (c) not making available to other services suppliers on a timely basis technical 
 information about essential facilities and co mmercially relevant information which 
 are necessary for them to provide services.  
 
 
    
 TN/S/O/ZAF 
 Page 27 
 
 
2. Interconnection  
 2.1 This section applies to linking with supplie rs providing public telecommunications transport 
networks or services in order to allow the users of  one supplier to communicate with users of another 
supplier and to access services provided by anot her supplier, where specific commitments are 
undertaken. 
 2.2 Interconnection to be ensured
 
  Interconnection with a major supplier will be en sured at any technically feasible point in the 
network.  Such interconnection is provided. 
  (a) under non-discriminatory terms, cond itions (including technical standards and 
 specifications) and rates
1 and of a quality no less favourable than that provided for its 
 own like services or for like services of non-affiliated service suppliers or for its 
 subsidiaries or other affiliates; 
  (b) in a timely fashion, on terms, conditions (including technical standards and 
 specifications) and cost-oriented rates that are transparent, reasonable, having regard 
 to economic feasibility, and sufficiently unb undled so that the supplier need not pay 
 for network components or facilities that it does not require for the service to be 
 provided;   
  (c) upon request, at points in addition to th e network termination points offered to the 
 majority of users, subject to charges that reflect the cost of construction of necessary  additional facilities;  and 
 
2.3 Public availability of the pro cedures for interconnection negotiations
 
  The procedures applicable for interconnection to a major supplier will be made publicly   
available.  
2.4 Transparency of interconnection arrangements
 
  It is ensured that a major supplier will make publicly available either its interconnection   
agreements or a reference interconnection offer.  
2.5 Interconnection:  dispute settlement
 
  A service supplier requesting interconnection with  a major supplier will have recourse, either: 
  (a) at any time or  
 (b) after a reasonable period of time which has been made publicly known 
 to an independent domestic body, which may be a regulatory body as referred to in paragraph 5 
below, to resolve disputes regarding appropriate te rms, conditions and rates for interconnection within 
a reasonable period of time, to the extent th at these have not been established previously. 
 
 
                                                     
 
1 The authorities may determine different rates in resp ect of different services  rendered in different 
areas under different circumstances or may determine rates which may be high er or lower than the normal rates 
providing that the determination of such rates is done on a non-discriminatory basis. TN/S/O/ZAF 
Page 28  
 
3. Universal service
 
  Any Member has the right to define the ki nd of universal service obligation it wishes to 
maintain.  Such obligations will not be regarded as anti-competitive per se , provided they are 
administered in a transparent, non-discriminator y and competitively neutral manner and are not more 
burdensome than necessary for the kind of universal service defined by the Member. 
 4. Public availability of licensing criteria
 
  Where a licence is required, all the licensing criteria and the terms and conditions of 
individual licences will be made publicly available. 
  The reasons for the denial of a licence will be  made known to the applicant upon request. 
 5. Independent regulators
 
 
 The regulatory body is separate from, and not accountable to, any supplier of basic telecommunications services. The decisions of and the procedures used by regulators shall be impartial with respect to all market participants.  6. Allocation and use of scarce resources
 
 
 Any procedures for the allocation and use of scarce resources, including frequencies, numbers 
and rights of way, will be carried out in an obj ective, timely, transparent and non-discriminatory 
manner.  The current state of allocated frequency ba nds will be made publicly available, but detailed 
identification of frequencies allocated for specific government uses is not required. 
 
_______________ 
  TN/S/O/ZAF
Page 29SOUTH AFRICA- LIST OF ARTICLE II (MFN) EXEMPTIONS 
 
 
Sector or Subsector Description of measure 
indicating its inconsistency  
with Article II Countries to which the 
measure applies Intended duration Conditions creating the need for 
the exemption 
Financial Services 
 Members of the Common 
Monetary Area enjoy preferential 
access to the South African capital and money markets and 
the  transfer of f unds, to or from 
the area of any other member of the Common Monetary Area, is 
exempt from exchange controls. 
 Lesotho 
Namibia 
Swaziland  Indefinite 
 The Common Monetary Area 
Agreement is aimed at the sustained 
economic development of the area as a  whole.  In particular, it 
encourages the ad vancement of the 
less developed members of the area through preferential access to South 
Africa's capital and money markets. 
 
Road Transportation  Regional bilateral and plurilateral 
road transport agreements 
providing for the transport rights 
to carry goods and passengers to or from South Africa and between 
third countries concerned, to be 
reserved for the road transport 
operators of the contracting 
parties to existing and future agreements.  Cabotage restricted 
to South African  registered 
vehicles and operators.  Botswana 
Lesotho 
Swaziland 
 Malawi 
 
Zimbabwe 
 
Other Sub-Saharan African countries 
 Indefinite 
 To enhance the development of an 
integrated road transport system to 
underpin the economic 
development of the region and to ensure the availability of an 
efficient  distribution network for 
relief supplies in case of natural 
disasters such as frequently 
occurring droughts in the region.  
 
 
__________